Sherman v. Board of Selectmen of Orleans

Massachusetts Supreme Judicial Court
Sherman v. Board of Selectmen of Orleans, 355 Mass. 786 (Mass. 1969)
243 N.E.2d 816

Sherman v. Board of Selectmen of Orleans

Opinion of the Court

This is an appeal from a judgment in the Superior Court denying a petition for a writ of certiorari to review action of the board of selectmen (board). The petitioner filed an application for a license to keep, store and sell gasoline and other flammables and explosives upon a certain parcel of land owned by her. After a hearing the board denied the application. The judge in his order for judgment stated that “[t]he petitioner agrees in open Court that the . . . [board has] complied with G. L. c. 148, § 13, except as follows: . . [it] considered matters other than the danger of fire and explosion, and matters relating to whether a public or private nuisance may he created.” There is no essential dispute on the facts. Basically, the petitioner urges us to overrule the rule of law established in a number of cases beginning with St. James Bldg. Corp. v. Commissioner of Pub. Safety, 260 Mass. 548. This we decline to do.

Judgment affirmed.

Reference

Full Case Name
Ethel W. Sherman v. Board of Selectmen of Orleans
Cited By
2 cases
Status
Published